Open container law could cost Georgia millions

Posted: Saturday, March 17, 2001

By Chad RoedemeierAssociated Press

ATLANTA -- An amendment to protect people who collect cans from the side of the road could cost the state more than $84 million in federal highway money because it weakens Georgia's open container law, according to federal transportation officials.

The so-called ''trashman amendment'' was added by the House to Gov. Roy Barnes' bill to toughen the state's DUI and open container laws. Without tougher laws, Georgia stands to lose millions in federal highway money.

Right now state law prohibits only the driver from having an open container of alcohol, but Barnes' bill would let police charge passengers with that crime as well.

During the debate on the bill in the House Feb. 26, Rep. Terry Barnard, R-Glennville, offered an amendment to make sure people collecting bottles and cans for recycling could not be charged with an open container violation if the cans contained alcohol.

The governor's floor leader, Rep. Charlie Smith, D-St. Marys, opposed the amendment, but it passed 128-44 after Speaker Tom Murphy indicated his support for it.

On Thursday, the National Highway Traffic Safety Administration sent the state a letter saying the amendment was ''overly broad and (was) likely to undermine the open container restrictions in Georgia's law.''

Losing $84 million in federal highway money is too much to risk, even with the best intentions, Barnard said Friday. He said he expects his amendment to be refined or removed altogether when the Senate votes on the bill Monday.

''When an officer stops an individual and sees open containers, they're just going to have to use discretion and figure out on their own whether this person is indeed a recycler,'' Barnard said.

In addition to the open container restrictions, the governor's bill creates the new crime of aggressive driving, adds tougher penalties for drunken driving and reduces from .10 to .08 the blood alcohol level required for a DUI charge.

If the state does not strengthen its drinking and driving laws, it could lose a total of $212 million in federal highway funds over the next five years, said Joselyn Butler, the governor's spokeswoman.

''The governor's legislation, as originally submitted, met all of the new federal DUI standards,'' she said. ''We intend to continue to try to get the necessary changes made as the bill moves through the legislative process so that what finally passes also meets those standards.''

The governor's original bill also had a provision to raise the solo driving age to 17 in metro Atlanta counties. That idea was eliminated in the House but restored by a Senate committee.

This article published in the Athens Daily News on Saturday, March 17, 2001.